Bill Text: CA AB1611 | 2017-2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Private postsecondary education.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1611 Detail]

Download: California-2017-AB1611-Introduced.html


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1611


Introduced by Assembly Member McCarty

February 17, 2017


An act to amend Sections 94885 and 94928 of the Education Code, relating to private postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


AB 1611, as introduced, McCarty. Private postsecondary education.
Existing law, the California Private Postsecondary Education Act of 2009, provides, among other things, for student protections and regulatory oversight of private postsecondary institutions in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. The act exempts certain institutions from its provisions. The act requires the bureau to adopt by regulation minimum operating standards for institutions that are subject to the act’s provisions, as specified. The bill defines “graduates employed in the field,” for purposes of the act’s provisions.
This bill would require the bureau to include in the minimum operating standards a provision prohibiting an institution from enrolling new students who are using specified student loans for any program offered by the institution in which fewer than 70% of graduates of that program are graduates employed in the field, as redefined by the bill’s provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 94885 of the Education Code is amended to read:

94885.
 (a) The bureau shall adopt by regulation minimum operating standards for an institution that shall reasonably ensure that all of the following occur:
(1) The content of each educational program can achieve its stated objective.
(2) The institution maintains specific written standards for student admissions for each educational program and those standards are related to the particular educational program.
(3) The facilities, instructional equipment, and materials are sufficient to enable students to achieve the educational program’s goals.
(4) The institution maintains a withdrawal policy and provides refunds.
(5) The directors, administrators, and faculty are properly qualified.
(6) The institution is financially sound and capable of fulfilling its commitments to students.
(7) That, upon satisfactory completion of an educational program, the institution gives students a document signifying the degree or diploma awarded.
(8) Adequate records and standard transcripts are maintained and are available to students.
(9) The institution is maintained and operated in compliance with this chapter and all other applicable ordinances and laws.
(10) The institution agrees not to enroll new students who are using student loans offered by the state, the federal government, the institution, or arranged by the institution from any other source for any program offered by the institution in which fewer than 70 percent of graduates of that program are graduates employed in the field, as defined in Section 94928.
(b) Except as provided in Section 94885.1, an institution offering a degree must satisfy one of the following requirements:
(1) Accreditation by an accrediting agency recognized by the United States Department of Education, with the scope of that accreditation covering the offering of at least one degree program by the institution.
(2) An accreditation plan, approved by the bureau, for the institution to become fully accredited within five years of the bureau’s issuance of a provisional approval to operate to the institution. The provisional approval to operate to an unaccredited degree-offering institution shall be in compliance with Section 94885.5.

SEC. 2.

 Section 94928 of the Education Code is amended to read:

94928.
 As used in this article, the following terms have the following meanings:
(a) “Cohort population” means the number of students that began a program on a cohort start date.
(b) “Cohort start date” means the first class day after the cancellation period during which a cohort of students attends class for a specific program.
(c) “On-time graduates” means the number of students who complete a program within 100 percent of the published program length. An institution may separately state completion information for students completing the program within 150 percent of the original contracted time, but that information may not replace completion information for students completing within the original scheduled time. Completion information shall be separately stated for each campus or branch of the institution.
(d) “Graduates available for employment” means the number of graduates minus the number of graduates unavailable for employment.
(e) (1) (A) “Graduates employed in the field” means graduates who are gainfully employed in a single position for which the institution represents the program prepares its graduates, beginning within six months after a student completes the applicable educational program. For occupations for which the state requires passing an examination, the period of employment shall begin within six months of the announcement of the examination results for the first examination available after a student completes an applicable educational program.
(B) For purposes of this paragraph, “gainfully employed” means graduates who are working at least 32 hours per week for at least 13 weeks.
(2) The bureau shall define by July 1, 2014, specific measures and standards for determining whether a student is gainfully employed in a full-time or part-time position for which the institution represents the program prepares its graduates, including self-employment or conducting freelance work, and may set the standards for the hours per week and duration of employment and utilize any job classification methodology the bureau determines appropriate for this purpose, including, but not limited to, the United States Department of Labor’s Standard Occupational Classification codes.
(3) This subdivision shall not prohibit the bureau from authorizing an institution to aggregate single positions held by a graduate for purposes of meeting the hours per week standards established by the bureau.
(f) “Graduates unavailable for employment” means graduates who, after graduation, die, become incarcerated, are called to active military duty, are international students that leave the United States or do not have a visa allowing employment in the United States, or are continuing their education at an accredited or bureau-approved postsecondary institution.
(g) “Students available for graduation” means the cohort population minus the number of students unavailable for graduation.
(h) “Students unavailable for graduation” means students who have died, been incarcerated, or called to active military duty.

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